1. Does the company's IOU have legal effect with official seal and no signature?
If the company's IOU has an official seal and is not signed, it is legally effective, because according to Article 490 of the General Principles of the Civil Law (effective), if the parties conclude a contract in the form of a contract, the contract is established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
Two. Matters needing attention in loan procedures
Debtors and creditors should also make IOUs when borrowing money. No IOU is the biggest legal risk. When hearing a loan case, the court shall require the plaintiff to provide a written loan. If there is no written loan, the necessary factual basis shall be provided. If there is no evidence, you have to bear the risk of losing the case.
Therefore, when borrowing money, the borrower should take the initiative to write a written loan, and the lender should also remind the other party to write a loan. In case of special circumstances, if it is impossible to make an iou on the spot, a third person shall testify and make up the iou afterwards. When repaying, the repayment person should pay attention to take back the IOUs or destroy them together. If the lender claims that the loan is lost or damaged, the repayment shall require the lender to issue a receipt, and the repayment shall properly keep the receipt.
Three. What is the legal person's responsibility if the company can't repay its debts?
The company independently undertakes civil obligations, and the legal representative of the company is not responsible for the debts of the enterprise. However, due to the intentional or gross negligence of the legal representative, the shareholders of the company may require the legal representative to bear tort liability, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
The Civil Code (202 1 to 1 implementation) stipulates that a legal person is an organization with civil rights and capacity for civil conduct, and enjoys civil rights and undertakes civil obligations independently according to law.
The legal person's capacity for civil rights and civil conduct arises when the legal person is established and disappears when the legal person is terminated.
If an enterprise as a legal person is under any of the following circumstances, in addition to investigating the legal person's responsibility, it may impose administrative sanctions and fines on the legal representative, and if the case constitutes a crime, it shall be investigated for criminal responsibility according to law:
1, engaging in illegal business beyond the business scope approved and registered by the registration authority;
2. Concealing the truth from the registration authority or the tax authority or practicing fraud;
3. Withdrawing funds or hiding property to avoid debts;
4. Disposing of property without authorization after dissolution, cancellation or bankruptcy;
5. Failing to apply for registration and announcement in time at the time of change or termination, causing great losses to the interested parties;
6, engaged in other activities prohibited by law, damage the national interests or social public interests.
If the company can't repay the debts, the legal representative doesn't need to bear the responsibility, but there is evidence that the legal representative needs to bear joint and several liability for the debts caused by the improper behavior of the legal representative, and even be subject to criminal punishment. When establishing a debt relationship with the company, it is best to have the official seal of the company, otherwise the company may not be recognized as the debtor.